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Should Ordinary Citizens be allowed to own, carry, & use Firearms to defend their own lives, & the lives of their family & friends?

Absolutely Yes!
I thinks so.
I don't think so.
Definitely No!
My name isn't String, so let me have a icy cold beer so I can ponder the options...
Topic: Gun Control - Should Ordinary Citizens Own, Carry, & Use Firearms? (Read 335032 times)

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #500
Article VI of the Constitution:

Quote
ARTICLE VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.


Relevant part in bold, of course. This is why, despite the tenth amendment, a state can't pass a law or even a state constitutional amendment that's in violation of the Federal one. Nor can a city or county. When Chicago's gun ban was overturned, it was obviously a Second Amendment issue but this is what gave the Second Amendment some teeth (even if it went unmentioned in the ruling.)

It's a double-edged sword, though and part of why the Bill of Rights was needed to get the Constitution passed in the first place. Some recognized that unamended the document had the potential to create a dictatorship. It just frustrates me that some advocates of small government will do things to limit Federal power, but don't seem to understand that by trying to apply pure subsidiarity you can create larger total government and actually create more total laws. It's definitely a delicate balancing act when using Federal power to limit total government control.

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #501
You greatly muddy the waters with your "pure" this and that, Sang!
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Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #502
Try taking your State out the Union SmileyFaze.
"Quit you like men:be strong"

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #503
You greatly muddy the waters with your "pure" this and that, Sang!

Mud can be distilled back into pure water. Remember the time I talked about Constitutional fundamentalists and you disagreed and said something to the effect of "you mean strict constructionists?" Strict Constructionism requires knowing the whole Constitution, not just your pet amendments, just as knowing the Bible requires knowing the whole book not just a few pet passages as religious fundamentalists tend to do. With more complete knowledge you understand that the 10th amendment remains tempered by Article 6, and the Second Amendment remains intact. Therefore, nullification is all but what a waste of time and legally dubious not to mention all but unenforceable (what I said about a state actually trying to penalize a federal prosecutor for enforcing Federal law and add ANY Federal law.) The cynic in me views the nullification efforts as election year shenanigans, designed for no purpose but to keep the authors and backers of such bills in office for another term. In fact, I noted before that a state trying to nullify Federal is writing an invitation to more Federal prosecutors to come.

Here's where the stream runs clear, cool and pure. The action against the Federal law you dislike has to be taken at the Federal level. It takes Federal power to take down the same. End of story. You might object saying Federal authority won't weaken itself. Recently it has with DOMA. The ones adding silt to the water are the politicians and their games (if they don't know they're doing this, they obviously failed civics.)

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #504
Mud can be distilled back into pure water

Not quite. Besides, you'd most likely want to keep the dirt… :)
Here's where the stream runs clear, cool and pure. The action against the Federal law you dislike has to be taken at the Federal level. It takes Federal power to take down the same. End of story.

I appreciate that way of putting it. It's part of Progressive DNA: Power first, responsibility — whenever, dude…
Of course, you discount the likelihood of an Article V Constitutional amendment by the states.
But aren't, say, California –and some others– with their "medical marijuana" laws; and Washington and Colorado -especially!- defying federal power (i.e., attempting the nullification of the federal statutory ban on cannabis?): Are they wrong to try?

Perhaps if enough states find themselves aggrieved by federal overreach the backlash will result in actual reform!
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Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #505
I appreciate that way of putting it. It's part of Progressive DNA: Power first, responsibility — whenever, dude…

Why do you like slapping labels on everything? That's just constitutional law. " Power first, responsibility — whenever, dude" is actually a disease of some types of Conservative. Ever lived in the southern Red states? I have. Talk about state and county power to control people's lives and try to take personal responsibility from them. Dry counties, beer sold in supermarkets can only be 3.2 percent alcohol because people don't have enough responsibility to handle stronger brew, etc instead of letting the marketplace decide what should be sold. It's a huge political fallacy to equate Republicans with small government and personal responsibility.
Of course, you discount the likelihood of an Article V Constitutional amendment by the states.

Passing an amendment is always and unlikely proposition. 99 to 1 odds against is still a possibility :p
Perhaps if enough states find themselves aggrieved by federal overreach the backlash will result in actual reform!

That's what the House and Senate are for. The constituents feel aggrieved, so the Representative or Senator takes the issue to the floor of their respective chamber of Congress and tries to get the bill passed on their behalf. The NRA or some other group feels the the gun law is in violation of the Second Amendment, they can sue in Federal Court in addition to the other option. Lately, they've had good success in doing so.
But aren't, say, California –and some others– with their "medical marijuana" laws; and Washington and Colorado -especially!- defying federal power (i.e., attempting the nullification of the federal statutory ban on cannabis?): Are they wrong to try?

The real answer is still to get Federal law off the books as described above. Let's throw some more silt in the water, shall we - and watch "some government" Republicans be the ones wanting to maintain that Federal power in their intellectual inconstancy.  But if marijuana laws are stricken from the Federal books, individual states still have the option to keep on there's because they're not trying to violate Federal law .

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #506
I have read many accounts of the so called "Theory of Nullification".

First off might I say, a Nullification -- any Nullification -- that succeeds is no longer theory, it's becomes a valid process of law.

When a law is Nullified simply because those challenged with the law's implementation & enforcement refuse to implement & enforce it, that law is summarily nullified, & has no legal weight on the lives of the people.

That Nullified law, like grapes unpicked & left out in the sun, withers & dies on the vine.

Whether or not it's upheld by any court in our great land, if it is not implemented --- if it's not enforced --- it isn't worth the paper it's written on, & finds itself on it's hasty journey towards it's just deserts --- obscurity.

Quote
....Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nations. Under this theory, the Constitution is a contract, or "compact", among the states by which the states delegated certain powers to the federal government, while reserving all other powers to themselves.

The states, as parties to the compact, retained the inherent right to judge compliance with the compact.

According to supporters of nullification, if the states determine that the federal government has exceeded its delegated powers, the states may declare federal laws unconstitutional.

Nullification supporters argue that the power to declare federal laws unconstitutional not only is inherent in the concept of state sovereignty, but also is one of the powers reserved to the states by the Tenth Amendment.....


I ask, if a law ---  any law --- is deemed unconstitutional ( Federal overreach) by the States, & those States nullify the law by any method at their disposal, & that law is after great debate, eventually found to actually be unconstitutional, the prior action(s) of Nullification stands, & was the correct course of action irregardless of the law's popularity, or where it originated..........no?

I submit in agreement:
.....Perhaps if enough states find themselves aggrieved by federal overreach the backlash will result in actual reform!


So Nullification, in & of itself,  can be deemed as a form of reform then, could it not?

And could it be also said that if the States did not attempt to nullify in the first place -- successfully or unsuccessfully, reform might not have ever taken place at all.


.....The NRA or some other group feels the the gun law is in violation of the Second Amendment, they can sue in Federal Court in addition to the other option....


Or, they can petition enough people, State Representatives, & civic leaders to band together, & convince those charged with implementation & enforcement of a particular law to pursue a course of Nullification, which if successful halts that law dead in it's tracks, for if the law isn't enforced, how much of a law is it?

Even if all 9 men & women in black robes in Washington DC spit, cuss, & squeal in unity, the law won't be any stronger if it isn't enforced locally.

Ant vs. Rubber Tree Plant

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #507
for if the law isn't enforced, how much of a law is it?

Yes, it is. Just for example

Quote
Federal agents made multiple arrests Friday in connection with high-profile raids on Colorado's medical marijuana industry last fall, and a lawyer for one of the raid targets confirmed his client has been indicted.

U.S. Attorney's Office spokesman Jeff Dorschner said the arrests were carried out by the Drug Enforcement Administration, IRS Criminal Investigations and the Diplomatic Security Service. [/url]

In spite of the "nullification" of Federal law. That's also part of what I mean by inviting more Federal agents. If the state won't enforce the law, somebody else will.

We only have to look as far as Wikipedia to see nullification's abyssal  track record. Nullification Theory was debunked 185 years ago. From the article:

Quote
In the Webster-Hayne debate in the Senate in 1830, Daniel Webster responded to this nullification theory by arguing that the Constitution itself provides for the resolution of disputes between the federal government and the states regarding allocation of powers. Webster argued that the Supremacy Clause provides that the Constitution and federal laws enacted pursuant thereto are superior to state law, and that the Article III gives to the federal judiciary the power to resolve all issues relating to interpretation of the Constitution. Under the Constitution, the federal courts therefore have the last word, said Webster. Webster said that the Constitution does not give the states a power of constitutional interpretation, and that any such power would result as many conflicting interpretations of the Constitution as there are states.[55] Therefore, said Webster, under the Constitution, the states do not have the power to nullify federal laws.


In Missouri's case, it's especially incredulous to find a legal threat against Federal Agents upholding the law. A state cannot arrest an agent of the Federal government for doing his job. That's absurd.

Just a little more from the article:

Quote
President Andrew Jackson denied that South Carolina had the power to nullify federal statutes, and prepared to enforce federal law forcibly if necessary. In his Proclamation to the People of South Carolina, Jackson said: "I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which It was founded, and destructive of the great object for which it was formed."
He was right. I already pointed the letter of the constitution he referred to. "...incompatible with the existence of the Union" is interesting. If states really had the power to override the Constitution and the laws of the US, are we even still a unified country? If states could nullify gun laws, it would a victory for gun rights. Granted.  But the article does hint at a darker side to it, ie states attempting to nullify Federal law by continuing apartheid. I think of a million nightmare scenarios involving free speech, freedom of religion/freedom from religion, worker health and safety laws, etc. So this is actually a good thing.

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #508
President Andrew Jackson denied that South Carolina had the power to nullify federal statutes, and prepared to enforce federal law forcibly if necessary.


If Jackson was not prepared to send in troops to forcibly enforce the Federal Law, I wonder if the law would have been enforced ...... I think not, & that's the power of Nullification.

A law, any law, is only as enforceable as the power behind it's enforcement.

All the screaming politicians, all the moral justifications laid end to end, & all the Majority Supreme Court rulings in Washington D.C. mean jack-squat without local enforcement to force the law from mere empty words on paper, into action.

[glow=blue,2,300]No Enforcement  =  No Law ...... Period. [/glow]





Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #509
No Enforcement  =  No Law ...... Period.

Federal Law  = Federal Enforcement....Period. I've already demonstrated by the Federal raids in Colorado over a product that was legal in that state.  The reason for wanting to expand Federal government to do this is unclear. The Missouri law, as written, is preposterous. If they took out the part about penalizing Federal agents enforcing the law, it would at least be sane, The overzealous wording the law pushes it into the lunacy territory. But it begs a question: if a Federal authority finds local authority not enforcing the law, can the later himself be arrested? In theory, yes.

Don't get me wrong. I'm all for peaceful civil disobedience to unjust and unconstitutional laws. Although still legally dubious, nullification can certainly provide another voice of dissent. But the main part of the energy and resources is better spent in Federal Court and in the chambers of congress.

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #510
Aberrations of federal systems.

Add it up the aberrations of a presidential system, and there's America at all its glory.
If it's not enough, sum two centuries old aberration of illiterate constitution and amendments and the picture will be perfect.
History it's a funny thing.

Get guns and get it fast, the place where all of you originated it's gone, no more guidance. You have no solution but create your own disgrace.
That's life.
A matter of attitude.


Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #512
Cest la vie

C'est la vie... yes it is.
I read that due to sanctions against Russia, AK-47 it's sold out at American shops.
Time to try Portuguese made G3. Nice and reliable piece of equipment. A classic.

I suppose that it even has a version for snipers...

BTW, I'm against snipers. Even in war there's moral obligations. Specially in war, should I say.
A matter of attitude.

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #513
BTW, I'm against snipers. Even in war there's moral obligations. Specially in war, should I say.


I know this is a bit off topic, but I completely disagree, so what is your moral argument?

What is the difference of shooting an enemy within 100 yards, as opposed to a highly selective shot originating at say 1000+ yards.

The common goal of the shot(s) is to kill the enemy, & as such the distance should be immaterial.

So, what is your disagreement. Is it war in general, or just sniping?

BTW.....I'll have you know I proudly served as a US Army Ranger, specifically as a Sniper, in South & North Vietnam for over 6 years.

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #514
Time to try Portuguese made G3.


Why does the wiki page say it's a German/Spanish developed gun? (With many countries adopting it for manufacture.) The AK-47 has many copies too. Is the Portuguese version unique in some way or just another copy?

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #515
I know this is a bit off topic, but I completely disagree, so what is your moral argument?

What is the difference of shooting an enemy within 100 yards, as opposed to a highly selective shot originating at say 1000+ yards.

For some reason, we - those who have military academies, mine being much older than yours of course - are instructed to the morals of war.

At 100 yards (much less than that for real situations probably) you shoot and shout. Shout your fear out while shooting. So does your enemy.
Killing has consequences.
At 1000+yards you play video games. Your "enemy" doesn't even realizes that he's dead. Do you want a medal for that? Not surprised if you received it.


Time to try Portuguese made G3.


Why does the wiki page say it's a German/Spanish developed gun? (With many countries adopting it for manufacture.) The AK-47 has many copies too. Is the Portuguese version unique in some way or just another copy?

Just another copy. Another copy unique enough to crush the terrorist movements financed by your country in Angola as well the Soviet ones. Both using the AK 47 you bought them by the way... copies or originals can you tell me?
A matter of attitude.


Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #517
For some reason, we - those who have military academies, mine being much older than yours of course - are instructed to the morals of war ..........  At 1000+yards you play video games. Your "enemy" doesn't even realizes that he's dead. Do you want a medal for that? Not surprised if you received it.


There is no such thing as the morals in war. We soldiers leave such things to the politicians that order us to do their dirty work.

The outcome of a successful close range encounter in war is you & your buddies being able to count all the dead enemy.

That means you're alive.......they aren't.

How they got that way is immaterial, except when telling accounts to your buddies while awaiting your chance to take on your next encounter ---- to make more dead enemies. The only good enemy is a dead enemy --- that is unless your objective is to capture some for interrogation, after which you kill them.

Oh Bel, you have no concept of what you speak, but know this one thing, the enemy need not realize he's dead, but rest assured he/she is  surely just as dead, & most importantly we know they are.

Shout out your fear.....you must have battalions full of whining lil gurley-men that never ever needed to complete surreptitious missions, behind enemy lines, & return to proudly serve another day.

Shouting at any time is a sure fire way to get yourself, & your buddies killed.





It pays to be trained to fight unseen & as silently as humanly possible.

As a sniper your life & your mission depends on it ------- mine usually did.

JFMI ....... I just have to ask, when was the last time Portugal anywhere near successful in at major warfare, local disputes non-inclusive? 

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #518
The only good enemy is a dead enemy

General T. Sherman thought otherwise, and a good thing he did! No? A demoralized enemy is all but defeated... Winning matters.
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Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #519
Winning matters.

Perhaps.
Woodrow Wilson once said, "I would rather lose in a cause that will some day win, than win in a cause that will some day lose." :)


Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #520
Woodrow Wilson once said […]

A lot of things which he later contradicted… Are you familiar with his military career? :) If nothing else, consider his role in Mexico's revolution and the Treaty of Versailles.
I doubt he knew much of military history, that didn't come from the dime-novels of his youth.


Of course, the quote you gave may have referred to his slave-owning minister father's support of the Southern Cause during our Civil War… (Have you a source that gives it context?)
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Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #521
It just frustrates me that some advocates of small government will do things to limit Federal power, but don't seem to understand that by trying to apply pure subsidiarity you can create larger total government and actually create more total laws. It's definitely a delicate balancing act when using Federal power to limit total government control.

You might appreciate this, Sang:
Quote

Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the state governments with the civil rights, laws, police and administration of what concerns the state generally; the counties with…local concerns, and each ward direct the interests within itself…. This would form a gradation of authorities, standing each on the basis of law, holding everyone to its delegated share of powers, and constituting truly a system of fundamental balances and checks for the government.

To Joseph Cabell, Feb. 2, 1816; Koch and Peden, eds., Selected Writings of Jefferson, pp. 603-604.

Then again, you might not… :)

I think that, with your talk of "pure" this and that, you'd mean to defend what you truly believe is a coherent Libertarian position… (I see it slightly differently; but let it pass.) Yet still you'd insist everyone accept your libertarian views!
Okay! Not "accept" exactly: But certainly follow!
In this land there are conservatives, liberals, libertarians; Catholics, Protestants, Jews, Mormons, Muslims (and a great many others…) and, of course, Atheists! The moral views of each are -within the confines of the Bill of Rights (and the rest of the Constitution), and applicable federal law- to be respected, aren't they?

I believe that was the intent of the Founding generation's best thinkers. And it still seems best to me: Subsidiarity! And Liberty!
I don't see how we can keep the latter without the former…
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Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #522
You and I are going to view Wilson differently, but that's surely true for Sherman as well.

I believe the quote follows his failure to gain support for the league at home.

Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #523
I'd wondered… Search engines are particularly bad at sourcing such quips! As for our differing views of Sherman and Wilson, they're understandable: I grew up in Massachusetts; you (presumably) in Tennessee? :)
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"Humor is emotional chaos remembered in tranquility." - James Thurber
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Re: Gun Control - Should Ordinary Citizens be allowed to Own, Carry, & Use Firearms?

Reply #524
you (presumably) in Tennessee?

Mostly. I was born here. Started school in Texas and returned a couple of times a year through to my early teens.